Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-05-09
On TRIAL.
Giaves Arrigned for the kilIip- ottha
"ame "ardeus-S relIs How
the Shooting Was Done-McFar,and
Unsbaken by the Cros..Eyamina,ion.


unshaken by the Cross.Evamina,ion.
CALAIS. May :.
heh the court raped to order this morn
Ing the room was packed with curiou.
crowd who had assembled to hear the tes,i-
rnony in the Graves murder ,riaI. The first
witness called was Ira p. McReavy. de
testified to seeing Graves and Mcfarland at
Fletcher Brook on Nov. s. Graves said the
Cog which accompanied them was a bird dc Q
oae no game warden would take any dog Of
DIS. Soon after Charles Niles, game war
cen, drove up. After a general conversation
on the game laws Graves left the mouse. fol
lowed by the others. The witness heard
Hiil say: I'VE will take the dog" In the
eutry Niles slipped shell into his rifle and
sald he was going to shoot the dog. Nc
Fariand then got into his wagon with the dog.
After standing the rifle against the house.
Niles took Off his coat and stepped toward
the wagon. The witness saw Graves take
two cartridges from his belt and put them in
his gun. As Niles approached the wagon
Hrases raised the gun to his shoulder and
shot him on the left side OF the throat under
the ear. He then wheeled and fired a second
shot at him. Graves was four or five feet
from Niles when he fired. Neither warden
had a weapon in his hand at the time. After
the shooting Mcfarland climbed out of the
wagon. Witness went into the cellar and
Graves followed and called him out. Graves
brought Niles gun to him and said: sIsn',
that gun cocked?" | answered: Eyes
that gun is cooked if ever | saw a gun
cooked" After Niles was shot Graves said
"G-d-d-n you, no man cocks a gun on
me-" Turning to Mcfarland he said Jim,
| told You so" Neither of the men ap.
preached the body while the witness remain
ed on the spot. No one else came near the
place.
After testifying that the conversation be.
tween the prisoner and Hill and Niles was
P easant and apparently friendly, young Nc
Resvey was turned over TO Col. Hutchings
OF the prisoners counsel, who subjected
him to rigid cross-examination, which
failed TO disclose any material wanderinl
| from this account of the affair as given a
McFarland's trial
Cross-examined-Prev to the shooting
heard Hill say 81 guess l will take the
dog" Mcfarland replied, "You cannot have
1t, and if you attempt to take it III take you
to the highest court there is" Pointing t.
the witness he said 81 take you for my
man." The witness heard the click wheT
Niles put shell into his Winchester Thi:
called the witness's attention to what he was
doiny. Can hear such click eighty feet
under favorable circumstances. There were
two window spaces in the passage and moth
ing to prevent Graves and the parties outside
from hearing the sound through the window
when Niles put in the shell. The warden
did not charge the prisoner with dOgging
deer. Witness bad an appointment with his
father at Brooks and acquainted Graves and
Mcfarland with the fact, but being alarmed
at the tragedy started down the road and met
his father coming. Hill had 80 calibre re-
volver under his coat and slung by a string
around his neck The shooting was on Mon
day. The witness got home Tuesday night
at 10 o'clock DR.. Hunters daughter, a
stenographer, and Mr.. Donworth, lawyer,
visited him the next day, took his statement
and reduced it to writing This was read to
him by the county attorney in the presence
of his father and others, about an hour be-
ton. Was not signed by the witness or cor
rected or changed in any respect to HIS
knowl ledge. Had not heard or seen the
statement since. Witness remembered but
little of the conversation which took place
during the hour or so which passed while the
wardens were at the house. While going
home he stopped at Mr.. Bakers house and
told them part of the story, all true, with the
exception of stating that he was Jim's it,
stead of Tom McReavy's son. The witnes:
was excused for the present.
James NJ Mcfarland of North Hancock
testified Reached Fletcher Brook House il
company with respondent on the Saturday
previous to the homicide. Had known Graves
from childhood, and went deer hunting with
him all Sunday afternoon. Got separated
and when witness returned at ! p. NJ. found
Graves there. He had his dog Smoker with
! him, led by chain. Neither got shot at q
deer on the trip. Went again next morning
leaving the dog behind. Graves said he saw
deer in the range and worked up toward
it The report of gun startled the animal
and the witness knew the dog would track 8
deer. Ira McReavy came about l | O'Clock
Niles and Hill soon after, and Senior Nc
Reavy about o'clock Did not know Niles
had any conversation with him. Hill came
! in and said to the witness: You have q
dog" "Yes," replied Mcfarland, "a bird
dog" knowing that he would track deer
| In conversation in toe main room both war
dens said that no dog could come into theil
woods and live. After a general talk Graves
and the witness prepared to go home. Al
we went to the wagon heard Hill say. ''We
will take that dog" Replied after getting
| into the wagon. .'You can't have this dog. v
Niles threw off his coat and called to Nc
Reavy, "I call upon you for my main evi'
dence." Neither Hill or Niles had anything
in their hands. Did not hear Niles CUR
click. Heard the report of gun from the
right and rear. Saw Niles fall. Heard sec
ond report Hill had turned and faced
Graves, took one or two steps and fell dead
Did not examine the bodies. Witness sale
his unloaded gun was in the wagon. Grave:
brought his gun with him from the house
Had reason to believe that Graves gun wa'
unloaded when he left the house. Saw th'
handle of Hills pistol in case under hi
coat. Graves said, That's my dog anc
don't you shoot him. just after witness re
ply to Hills threat, From that moment Il
the time of the shooting no other word wa